International Criminal Tribunal for the former Yugoslavia - humanitarian law - 1949 Geneva Conventions - laws or customs of war - role of Croatia in the conflict in Bosnia and Herzegovina
Article Abstract:
The trial chamber of the International Criminal Tribunal for the former Yugoslavia, in a 1996 ruling, decided it had subject matter jurisdiction in the trial of Croat Ivica Rajic. This determination of jurisdiction was based on the agency test developed in the 1986 International Court of Justice's ruling in Nicaragua v. US. The court ruled Croatian military intervention and operational control over the Bosnian-Croat military satisfied jurisdictional requirements for internationality and state responsibility. Moreover, the Bosnian Croats were determined to be protected persons under the Geneva Convention.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1997
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Humanitarian law - 1949 Geneva Conventions - grave breaches - role of Serbia in conflict in Bosnia and Herzegovina
Article Abstract:
The International Criminal Tribunal for former Yugoslavia handed down its first verdict on May 7, 1997, convicting on eleven counts, but it applied the wrong test for state responsibility. The Federal Republic of Yugoslavia created the Bosnian Serb army and as such was an occupying power while the Tribunal used the case of US-supported Nicaraguan contras who were not Americans and therefore the US was not occupying. Dusko Tadic was acquitted for eleven counts because the Tribunal treated him as an ally of the Federal Republic rather than an agent.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1997
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International Criminal tribunal for the former Yugoslavia - command responsibility - multiple defendants - rape constituting torture as grave breach of 1949 Geneva Conventions and violation of laws or customs of war - characterization of conflict in Bosnia and Herzegovina
Article Abstract:
This article discusses the international war crimes trial of Prosecutor v. Delalic. The court found the de facto leader of a prison camp in Bosnia and Herzegovina liable under the principle of command responsibility for acts of torture and other grave offenses at the camp.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1999
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